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Сonflict of Copyright and Trademark Law

Student: Malinin Valeriy

Supervisor: Dmitriy Mazaev

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Final Grade: 8

Year of Graduation: 2021

Current article is dedicated to questions and aspects of conflict between copyright and trademark law. Such conflict initiates when a piece of art with enforced copyright is registered as a trademark by another person, who is not an author. The topic consists of three rules of law that can be a source of conflict between copyright and trademark. Registration of a country-famous piece of art as a trademark (subparagraph 1 paragraph 9 article 1483 of Civil Code of the Russian Federation). Seniority principle in relationships between means of individualization (paragraph 6 article 1252 of Civil Code of the Russian Federation) and its capability of regulating similar relationships between results of intellectual duty, and finally the questions of liability for breach of exclusive rights on an object that is protected by several levels of intellectual property protection. (intend 3 paragraph 3 article 1252 Civil Code of the Russian Federation). As a result of the research rules were examined and attempts to predict their ways of development were made.

Full text (added May 18, 2021)

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